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Articles 1 - 12 of 12
Full-Text Articles in Law
Adhering To The Old Line: Uncovering The History And Political Function Of The Unrelated Business Income Tax, Ethan Stone
Adhering To The Old Line: Uncovering The History And Political Function Of The Unrelated Business Income Tax, Ethan Stone
Ethan G. Stone
The paper examines the history of the building pressure during the 1940s the pass the UBIT and finds that the traditional explanations hide an underlying political function. As the charitable exemption became more important with the expansion of the income tax in the 1940s, it attracted new attention from both policymakers and a growing tax-shelter industry. Charities and sympathetic policymakers tried to justify a suddenly important blanket subsidy to charity on the basis of the charities exclusive dedication to good works. Tax-shelter promoters made the effort more difficult by featuring charities in roles, such as buying and leasing commercial real …
Engendering Legal History, Felice J. Batlan
Tort Law Through Time And Culture: Themes Of Economic Efficiency, M Stuart Madden
Tort Law Through Time And Culture: Themes Of Economic Efficiency, M Stuart Madden
M Stuart Madden
Hellenic philosophers assessed the goals of society as: (1) the protection of persons and property from wrongful harm; (2) protection of the individual’s means of survival and prosperity; (3) discouragement of self-aggrandizement to the detriment of others; and (4) elevation of individual knowledge that would carry forward and perfect such principles.
Roman law was replete with proscriptions against forced taking and unjust enrichment, and included rules for ex ante contract-based resolution of potential disagreement. Customary law perpetuated these efficient economic tenets within the Western World and beyond.
The common law, in turn, has nurtured many of the same ends. From …
Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson
Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson
Robert G. Natelson
This article examines the original meaning of the Constitution's clauses authorizing federal land ownership. It finds that the power granted to Congress was broad enough to include land ownership for enumerated purposes, even without complying the procedures necessary for the creation of federal enclaves. But it finds that the power was not broad enough to include indefinite landholding for unenumerated purposes.
Protección Al Medio Ambiente Y Solución De Controversias En Materia De Inversiones En El Tlcan, Óscar Cruz
Protección Al Medio Ambiente Y Solución De Controversias En Materia De Inversiones En El Tlcan, Óscar Cruz
Óscar Cruz Barney
No abstract provided.
Judges As Political Orators: The 1860 Secession Debate Between Texas Supreme Court Justices O.M. Roberts And James H. Bell, William J. Chriss
Judges As Political Orators: The 1860 Secession Debate Between Texas Supreme Court Justices O.M. Roberts And James H. Bell, William J. Chriss
William J Chriss
This article deals with an episode in the ideological history of Texas. It analyzes the rhetorical strategies employed by Texas politicians during the Secession debate, in order to better understand the political thinking of the people who responded to them. The primary prism through which the strategies of each side are viewed is the extent to which they marshaled analogies from classical history and literature in support of their arguments. Because the unionists in Texas adopted for themselves the role of wise philosophers denouncing mob violence, they often used classical literature and examples from ancient and medieval republican history to …
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
David B Kopel
Many twenty-first century Americans believe that they have a God-given right to possess arms as a last resort against tyranny. One of the most important sources of that belief is the struggle for freedom of conscience in the United Kingdom during the reigns of Elizabeth I and the Stuarts. A moral right and duty to use force against tyranny was explicated by the Scottish Presbyterians George Buchanan and Samuel Rutherford. The free-thinking English Christians John Locke and Algernon Sidney broadened and deepened the ideas of Buchanan and Rutherford. The result was a sophisticated defense of religious freedom, which was to …
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
David B Kopel
This article examines the religious background of the American Revolution. The article details how the particular religious beliefs of the American colonists developed so that the American people eventually came to believe that overthrowing King George and Parliament was a sacred obligation. The religious attitudes which impelled the Americans to armed revolution are an essential component of the American ideology of the right to keep and bear arms.
Under A Critical Race Theory Lens – Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo Pedrioli
Under A Critical Race Theory Lens – Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo Pedrioli
Carlo A. Pedrioli
This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how …
Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York
Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York
Daniel R. Coquillette
No abstract provided.
'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette
'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Richard Kay
Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).